Description
Book SynopsisThis innovative book examines why national courts refer preliminary references to the European Court of Justice (ECJ), and what the referring court does with the answers. Jasper Krommendijk highlights the three core stages in the interaction between national courts and the ECJ: question, answer and follow-up, shedding new light on this under-explored area.
Closing the gap between empirical interview data, and case law analysis, chapters use a unique combination of the two research methods to consider two current, and one former, EU Member States. The book demonstrates that judges extensively use the procedure and follow its outcome almost without exception, despite dissatisfaction and criticism regarding the absence of a true dialogue.
By embedding the examples in the book in appropriate theory, this study will provide a useful read for students of EU law, particularly those wanting to better understand its consequences in the national legal order. Its recommendations for good practices in the ECJ and national courts will also be helpful to legal practitioners, judges and legal secretaries.
Trade Review‘This book will be valuable to any scholar interested in the preliminary reference procedure and the overall functioning of the EU legal system. The unique aspect of the book is its interdisciplinary approach, which successfully combines legal analysis with the exploration of interview data. Another of the book’s strengths is its comprehensiveness with regard to the analysis of the different stages of the preliminary reference procedure.’ -- Karin Leijon, European Law Review
‘The book is a more than welcome addition to the literature that exists on the preliminary reference procedure. Krommendijk synthesizes much of the earlier work that has been done on the motivations to refer, and compares and contrasts these works with his findings. This results in a very useful catalogue of reasons to refer which will prove useful for any further examination of the topic, whether through qualitative or quantitative methods.’ -- Lucia van der Meulen, Common Market Law Review
‘This book is a very welcome addition to the small but growing literature providing qualitative empirical insight into the practice of a range of national courts in relation to the preliminary reference procedure of EU law, and how those judges perceive the procedure and the role of the Court of Justice. Thoughtfully and carefully written, and based on case-law analysis as well as primary interviews with judges from three national jurisdictions, the book offers a rich and nuanced picture of the facts which influence national judges when deciding whether to refer to Luxembourg, as well as how they respond to the rulings given by the ECJ to the questions they refer.’ -- Gráinne de Búrca, New York University Law School, US
Table of ContentsContents: 1. Introduction to National Courts and Preliminary References to the Court of Justice 2. Legal formalism versus pragmatism 3. Other non-political considerations and factors 4. Politico-strategic reasons 5. The interaction: dialogue or monologue? 6. Perspectives on the answers of the ECJ 7. Follow-up: strict adherence or divergence? 8. Conclusions to National Courts and Preliminary References to the Court of Justice Bibliography Index
